Staff Reporter
Economic Front (EF) leader Wynter Kabimba says the focus of the investigations against dismissed Health permanent secretary Dr George Magwende are not about whether the contract was signed but assertions that he did not follow tender procedures in arriving at the $100 million for the Covid hospitals.
Speaking with Daily Revelation, Kabimba said people must understand the reason behind the investigations against Dr Magwende.
“If my memory serves me right, I think the investigations against Magwende are to the effect that he signed the contract I think without authority, without following tender procedure. Something to that effect. They are not questioning the contract, you have to zero in on this,” Kabimba said. “They are not questioning the contract, they are questioning the method of how the contract purportedly became a legal document. And I think to me as a lawyer there is a big difference. It is alleged he didn’t follow tender procedures but they are not telling us how he breached those rules. Because without following tender procedures is a very broad term. Because there is single-sourcing and you know the PS is also the chairman of the tender committee. Again he can’t deal with the issue of the contract which has not gone to the tender committee.”
And speaking on the contract processes themselves in government, Kabimba said government contracts were okayed by the attorney general, saying once the AG had okayed the contract, then advises the ministry concerned.
He said normally, contracts only arise out of a policy decision, and therefore the prerequisite to any contract is that there is a policy decision whose custodian is the minister backing the contract with technocrats translating it into a legal document.
“A PS cannot originate a contract. The PS’s role is simply to implement the contractual clauses in the contract which contract has been cleared, which contract has been originated by the minister as a policy maker and cleared by the attorney general as a chief legal advisor to government,” said Kabimba. “So I don’t see a situation where a PS can originate a contract and also sign it at the same time and also seek the authority or the clearance of the attorney general without cabinet office being involved, without the minister of Health being involved. It doesn’t work like that.”
